Title
People vs. Hu Ruey Chun
Case
G.R. No. 158064
Decision Date
Jun 30, 2005
EEIPI accused Richard Hu of qualified theft for misappropriating P762,076.35 via a corporate check. Hu claimed a 5% commission, but no evidence supported it. The Supreme Court ruled the offense non-bailable, affirming the arrest warrant.

Case Summary (G.R. No. 220367)

Facts and Procedural History

On September 25, 2001, EEIPI filed a complaint for qualified theft against Hu, alleging misappropriation of funds amounting to Php 762,076.35. It was claimed that Hu, during his tenure, issued a check payable to himself without any legitimate business justification. After an audit of EEIPI's financial transactions, Villanueva's affidavit established that Hu wrote the check outside the bounds of his authority. Initially, the Office of the City Prosecutor dismissed the complaint due to insufficient evidence, prompting EEIPI to appeal.

DOJ Resolution and Appeal

On July 10, 2002, the Department of Justice (DOJ) reversed the earlier dismissal, citing the absence of documentation supporting Hu's claim that the check represented a commission for sales. The DOJ directed the City Prosecutor to file an information for qualified theft against Hu. Consequently, the City Prosecutor filed charges on July 18, 2002, with an initial bail recommendation of Php 40,000.

RTC's Orders on Bail

The Regional Trial Court (RTC) considered the penalty for the offense as reclusion perpetua and thus rejected the bail recommendation, deeming the offense non-bailable. Hu filed a motion for reconsideration, arguing that DOJ Department Circular No. 74, which categorized qualified theft as bailable, should apply.

Court of Appeals Ruling

The Court of Appeals (CA) later sided with Hu, asserting that the crime of qualified theft is bailable under DOJ guidelines. It found the RTC's orders to issue a warrant for Hu's arrest premature and thus nullified them.

Petition for Review on Certiorari

Following the CA’s decision, the People of the Philippines filed a petition for review, arguing that the CA erred by ruling qualified theft bailable solely based on the DOJ circular and that substantial evidence warranted a non-bailable classification.

Argumentation and Legal Basis

The petitioner emphasized that the RTC was acting within its jurisdiction when it issued the orders and that DOJ circulars do not hold binding authority over courts. The petitioner contended that the evidence against Hu indicated a strong case for qualified theft, which is punishable by reclusion perpetua, a condition under which bail is at the court's discretion.

Court's Analysis and Conclusion

The Supreme Court ruled that the argument claiming a right to bail

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